H1b to B2 change of status

[user2020]

Hi,

My H1b extension is denied and my i-94 also got expired. Since I can't travel back , my employer is filing for change of status from H1B to B2 visa.

1. In this situations can I apply for the H1b transfer to a new employee (Employee B). Can I work with the receipt number of the new H1B transfer  of new employee ? Do I have to go for stamping in the home country only . What are the chances of my Transfer approval ? 

2. If I change my status to B2 then again if my employer (Current employer) files for the H1B . Do I have to go back to my home country again for stamping or not required. Can someone please let me know the process for the B2 visa -->H1B conversion and what are the risks associated with this. 

Thanks in advance

 

[gopalakrishnach]

Last week, USCIS had announced that deadlines would be extended for responding to Requests for Evidence and Notices of Intent to Deny. Today, they have further clarified that this flexibility also applies to Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as appeals and motions filed on Form I-290B.

If the RFE, NOID, NOIR, NOIT, or denial was issued between March 1st and May 1st, USCIS is providing an additional 60 days to submit the response or file the appeal or motion:

Notice/Request/Decision Issuance Date:

This flexibility applies to an RFE, NOID, NOIR, NOIT or appealable decision within AAO jurisdiction and the issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.

Response Due Date:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

 

Although this is a helpful step for many employers, visa holders, and attorneys, it does not extend filing deadlines for status expiration. If your status is expiring, you must still comply with all existing regulations and timely file your extension or change of status before your current status expires.

[User099]

Since you i94 is expired, you can't file for an extension of stay but will have to do a consular processing petition for which you can go for stamping in Mexico or Canada. 

Don't have high hopes in the B2 to be approved, just use it to stay till things get better and leave at the first available option.